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Search and Seizure

The Law of Search and Seizure is governed by the 4th amendment in the United States Constitution.  Miranda Rights The 4th Amendment deals with the right of the people to be secure in their persons, houses, against unreasonable searches and seizures, unless the police obtain a search warrant setting forth probable cause explaining with particularly the place to be searched and the things to be seized. This means that the 4th Amendment gives Americans protection against unlawful searches and seizures. When a police officer or another investigator wants to search someone's private property it requires a search warrant based on probable cause that the subject of the warrant has committed a criminal act. A police or other law enforcement officer must provide reasonable evidence and explanation as to why they issued the search warrant. The difference between reasonable suspicion and probable cause is that reasonable suspicion is more of a hunch, where as probable cause is the logical belief, supported for facts, that a crime has been, or will be, committed.

When it comes to the law dealing with Search and Seizure there are a few exceptions to the search warrant rule. Drug Crimes A police officer may conduct a search of an individual's vehicle when they can establish probable cause; a warrant is not needed in this case. Another exception is when there is an emergency or criminal act occurring in the officer's presence, in this case the officer can legally enter the premises without a warrant to assist the victim. If you believe a law enforcement officer or other government agent violated your Fourth Amendment rights, you have the right to respectfully refuse the search. Contact an experienced criminal defense attorney as soon as possible. The attorneys at the Law Offices of Kelly and Conte are more then happy to assist you in any issues pertaining to unlawful searches and seizures.

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West Chester Office
213 W Miner Street #3
West Chester, PA 19382

Phone: 610-314-7066
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Pottstown Office
934 E High St #2
Pottstown, PA 19464

Phone: 610-314-7066
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